Prilis v Inner West Council [2018] NSWLEC 1674

Prilis v Inner West Council [2018] NSWLEC 1674

The agreement between the parties was a decision the Court could properly make because the development is permissible in the relevant zoning, and as amended, does not detrimentally affect the heritage conservation area.

Jurisdiction
Australia
Judgment Date
20 December 2018
Procedural Posture
Appeal / Final Determination After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's thrown away costs.
Legal Topics
['development Application' 'residential Dwellings' 'subdivision' 'appeal' 'conciliation Conference']
['planning and Environment'] ['development Application' 'residential Dwellings' 'subdivision' 'appeal' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal / Final Determination After Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed development (demolition, subdivision and residential attached dwellings) is permissible within the zoning' 'Whether the development, as amended, adversely affects the heritage conservation area']

Ratio Decidendi

The agreement between the parties was a decision the Court could properly make because the development is permissible in the relevant zoning, and as amended, does not detrimentally affect the heritage conservation area.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's thrown away costs.

Orders

  • ["Leave granted for the Applicant to rely on amended plans and material listed in Annexure 'A'." 'The appeal is upheld.' "Development Application DA201800064 for demolition, construction of 4 attached dwellings, subdivision into 4 Torrens lots and 1 Stratum lot (basement parking) at 51-53 Albert Street, Petersham,...